# Rosetti v. Shalala

> Court of Appeals for the Third Circuit · December 15, 1993 · 12 F.3d 1216

URL: https://www.frixlaw.com/law-library/cases/6929284

## Case

- **Full name:** Peter ROSETTI Mary Doe, individually and on behalf of all others similarly situated v. Donna SHALALA, Secretary of Health and Human Services, Peter Rosetti and Mary Doe
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** December 15, 1993
- **Citations:** 12 F.3d 1216; 1993 WL 515675
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Alito, Becker, Cowen, Greenberg, Hutchinson, Lewis, Mansmann, Nygaard, Roth, Scirica, Sloviter, Stapleton
- **Cited by:** 76 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6929284

## How later opinions describe it (automated extraction)

- holding that under Wilkerson, it was error for district court to deny class action certification motion of named plaintiffs whose claims were resolved after filing motion for class certification but before district court decided motion

## Opinion text

SUR PETITION FOR REHEARING
March 9, 1994.
PRESENT: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH and LEWIS, Circuit Judges.
The petition for rehearing filed by appellee in the above entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges in regular active service not having voted for rehearing by the court in .banc, the petition for rehearing is denied. Judges Stapleton, Hutchinson and Roth would have granted rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6929284. Public record. Not legal advice.